Teaching Learning Caring Childcare

90 - Children Supervised (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (3)(a) Each center shall maintain a child-care program that ensures each child shall be: 1. Provided with adequate supervision at all times by a qualified staff person who ensures the child is: a. Within scope of vision and range of voice; b. For a school-age child, within scope of vision or range of voice; and c. Accounted for during movement from one (1) location to another using name-to-face recognition by visually identifying each child;”

800 - Protective Surface (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (21) A protective surface shall: (a) Be provided for outdoor play equipment used to: 1. Climb; 2. Swing; and 3. Slide; and (b) Have a fall zone equal to the height of the equipment.”

775 - Medication (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (6) Medication, including refrigerated medication, shall be: (a) Stored in a separate and locked place, out of the reach of a child unless the medication is: 1. A first aid supply and is maintained in accordance with subsection (1) of this section; 2. Diaper cream, sunscreen, or toothpaste. Diaper cream, sunscreen, or toothpaste shall be inaccessible to a child; 3. An epinephrine auto-injector. A licensed child-care center shall comply with KRS 199.8951 and 311.646, including: a. An epinephrine auto-injector shall be inaccessible to a child; b. A child-care center shall have at least one (1) person onsite who has received training on the administration of an epinephrine auto-injector if the child-care center maintains an epinephrine auto-injector; c. A child-care center shall seek emergency medical care for a child if an auto-injector is administered to the child; and d. A child-care center shall report to the child's parent and the cabinet in accordance with 922 KAR 2:090, Section 13(1)(b) if an epinephrine auto-injector is administered to a child; or 4. An emergency or rescue medication for a child in care, such as medication to respond to diabetic or asthmatic condition, as prescribed by the child's physician. Emergency or rescue medication shall be inaccessible to a child in care; (b) Kept in the original bottle; and (c) Properly labeled. (7) Medication shall not be given to a child if the medication's expiration date has passed.”

730 - Diaper Changing Area/Surface (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (10) If a child is diapered, the child shall: (b) Be placed on a surface that is: 1. Clean; 2. Padded; 3. Free of holes, rips, tears, or other damage; 4. Nonabsorbent; 5. Easily cleaned; and 6. Free of any items not used for diaper changing.”

705 - Staff Hygiene/Handwashing (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (5) Staff shall: (a) Maintain personal cleanliness; (b) Conform to hygienic practices while on duty; (c) Except as established in paragraph (d) of this subsection, wash their hands with liquid soap and running water: 1. Upon arrival at the center; 2. After toileting or assisting a child in toileting; 3. Before and after diapering each child; 4. After wiping or blowing a child’s or own nose; 5. After handling animals; 6. After caring for a sick child; 7. Before and after feeding a child or eating; 8. Before dispensing medication; 9. After smoking or vaping; and 10. If possible, before administering first aid; and (d) Use hand sanitizer or hand-sanitizing wipes if liquid soap and warm running water are not available in accordance with paragraph (c) of this subsection. The staff shall wash the staff's hands as soon as practicable once liquid soap and warm running water are available.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

585 - Premises Requirements (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (1) The premises shall be: (a) Suitable for the purpose intended; (b) Kept clean and in good repair;”

565 - Inaccessible Items (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (7) The following shall be inaccessible to a child in care: (a) Toxic cleaning supplies, poisons, and insecticides; (b) Matches, cigarettes, lighters, and flammable liquids; and (c) Personal belongings and medications of staff.”

455 - Program of Activities Followed (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (4) The child-care center shall provide a daily planned program: (a) Posted in writing in a conspicuous location with each age group and followed; (b) Of activities that are individualized and developmentally appropriate for each child served; (c) That provides experience to promote the individual child's physical, emotional, social, and intellectual growth and well-being; and (d) Unless the child-care center is a before- or after-school program that operates part day or less, that offers a variety of creative activities including: 1. Art or music; 2. Math or numbers; 3. Dramatic play; 4. Stories and books; 5. Science or nature; 6. Block building or stacking; 7. Tactile or sensory activity; 8. Multi-cultural exposure; 9. Indoor and outdoor play in which a child makes use of both small and large muscles; 10. A balance of active and quiet play, including group and individual activity; 11. An opportunity for a child to: a. Have some free choice of activities; b. If desired, play apart from the group at times;”

435 - Training (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (16) In accordance with KRS 199.896(15) and (16), a staff person with supervisory authority over a child shall complete the following: (a) Six (6) hours of cabinet-approved orientation completed within the first three (3) months of employment in a child-care program covering the following topics: 1. Federal minimum health and safety requirements established in 45 C.F.R. 98.41 related to: a. Prevention and control of infectious diseases, including immunization; b. Prevention of sudden infant death syndrome and use of safe sleeping practices; c. Administration of medication, consistent with standards for parental consent; d. Prevention of and response to emergencies due to food and allergic reactions; e. Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic; f. Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment; g. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event; h. Handling and storage of hazardous materials and the appropriate disposal of biological contaminants; and i. Precautions in transporting children; 2. Recognizing and reporting child abuse; and 3. Developmentally appropriate practices; (b) Nine (9) hours of cabinet-approved early care and education training within the first year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training; and (c) Fifteen (15) hours of cabinet-approved early care and education training completed between July 1 and the following June 30 of each subsequent year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training completed once every five (5) years. (17) A staff person's compliance with training requirements of this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.”

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and ensure the health, safety, and comfort of each child.”

137 - Written Procedure to Maintain Supervision/Ratio/Group Size (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (2) For an operating child-care center, minimum staff-to-child ratios and group size shall be maintained as established in the table established in this subsection. (e) A child-care center shall develop a written procedure to always maintain supervision, ratios, and group size including during: 1. The beginning of the day; 2. Staff breaks; and 3. Movement from the classroom to another location.”

1322 - Allergy Care Plan (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (10) The child-care center shall ensure each child's food or other allergies and allergy care plan are posted prominently where food is served with the permission of the parent or guardian, including: (a) Instructions regarding the allergy, including identifying symptoms; (b) Steps taken to avoid and prevent the allergen; and (c) A plan of treatment in the event of an allergic reaction, including medication and doses, and that all epinephrine pens shall be administered in accordance with subsection (6)(a)3 of this section.”

1310 - Posting Requirements (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (6) In addition to the posting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available for public inspection: (a) The provider's preliminary or regular license; (b) Each statement of deficiency and civil penalty notice issued by the cabinet during the current licensure year; (c) Each plan of correction submitted by the child-care center to the cabinet during the current licensure year; (d) Information on the Kentucky Consumer Product Safety Program and the program's Web site as specified in KRS 199.897; (e) A description of services provided by the child-care center, including: 1. Current rates for child care; and 2. Each service charged separately and in addition to the basic rate for child care; (f) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and (g) Daily planned program.”

1307 - Written Reunification Plan (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (14) A written plan shall be in place to communicate reunification with families and accommodations in the event of a natural disaster, fire, shelter-in-place, lockdown, or other emergency for: (a) Infants and toddlers; (b) Children with disabilities; and (c) Children with chronic medical conditions.”

1300 - Orientation Procedure (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (3)(b) The program shall include: 2. Written policy that states that the procedures that were taught at the orientation training shall be implemented by each child-care center staff member.”

1065 - Bottles (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (9) Bottles shall be: (a) Individually labeled; (b) Promptly refrigerated; (c) Covered while not in use; and (d) Consumed within one (1) hour of being heated or removed from the refrigerator.”

860 - Toys/Furniture (922 KAR 2:120 Section 13)

“922 KAR 2:120. Section 13. Toys and Furnishings. (1) All toys and furniture contacted by a child shall be: (a) Kept clean and in good repair; and (b) Free of peeling, flaking, or chalking paint.”

800 - Protective Surface (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (21) A protective surface shall: (a) Be provided for outdoor play equipment used to: 1. Climb; 2. Swing; and 3. Slide; and (b) Have a fall zone equal to the height of the equipment.”

730 - Diaper Changing Area/Surface (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (10) If a child is diapered, the child shall: (b) Be placed on a surface that is: 1. Clean; 2. Padded; 3. Free of holes, rips, tears, or other damage; 4. Nonabsorbent; 5. Easily cleaned; and 6. Free of any items not used for diaper changing.”

695 - Toilet (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (4) Each toilet shall: (a) Be kept in clean condition; (b) Be kept in good repair; (c) Be in a lighted room; and (d) Have ventilation to outside air.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

585 - Premises Requirements (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (1) The premises shall be: (a) Suitable for the purpose intended; (b) Kept clean and in good repair;”

410 - CPR/First Aid Coverage (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (3) For a child-care center licensed for infant, toddler, or preschool-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills: (a) Infant and child cardiopulmonary resuscitation; and (b) Infant and child first aid. (4) For a child-care center licensed for school-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills: (a) Adult cardiopulmonary resuscitation; and (b) First aid. (5) Cardiopulmonary resuscitation (CPR) and first aid training shall be in addition to the fifteen (15) clock hours requirement in subsection (16) of this section.”

405 - TB Verification (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (b) Shall provide, prior to employment and every two (2) years thereafter: 1. A statement from a health professional that the individual is free of active tuberculosis; or 2. A copy of negative tuberculin results.”

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and ensure the health, safety, and comfort of each child.”

150 - Fire Marshal (922 KAR 2:090 Section 6)

“922 KAR 2:090. Section 6. License Issuance. (8) To qualify for a preliminary license, or maintain a regular license, a child-care center shall: (b) Be approved by the Office of the State Fire Marshal or designee;”

1065 - Bottles (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (9) Bottles shall be: (a) Individually labeled; (b) Promptly refrigerated; (c) Covered while not in use; and (d) Consumed within one (1) hour of being heated or removed from the refrigerator.”

1040 - Refrigerator (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (4) A cold-storage facility used for storage of perishable food in a nonfrozen state shall: (a) Have an indicating thermometer or other appropriate temperature measuring device; (b) Be in a safe environment for preservation; and (c) Be forty (40) degrees Fahrenheit or below.”

465 - Electronic Viewing/Listening Devices (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (4) The child-care center shall provide a daily planned program: (d) Unless the child-care center is a before- or after-school program that operates part day or less, that offers a variety of creative activities including: 12. The use of screen time, electronic viewing and listening devices if the: a. Material is developmentally appropriate to the child using the equipment; b. Material is not a replacement for active play or a substitute for engagement and interaction with other children and adults; c. Material does not include any violence, adult content viewing, or inappropriate language; d. Child is over twenty-four (24) months of age; e. Viewing or listening is discussed with parents beforehand; and f. Viewing or listening is designed as an educational tool used to help children explore, create, problem solve, interact, and learn with and from one another. (5) Screen time shall be: (a) Utilized for: 1. A maximum of thirty (30) minutes per day in a half-day program; 2. A maximum of sixty (60) minutes per day in a full-day program; or 3. The time needed for school-age children to complete assigned non-traditional instruction; and (b) Prohibited for a child under twenty-four (24) months of age. (6) A child who does not wish to use an electronic device during the planned program shall be offered other appropriate activities.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

870 - Toys (922 KAR 2:120 Section 13)

“922 KAR 2:120. Section 13. Toys and Furnishings. (3) Toys shall be: (a) Used according to the manufacturer's safety specifications; (b) Durable; and (c) Without sharp points or edges.”

820 - Sufficient Appropriate Equipment (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (29) A child-care center shall have enough toys, play apparatus, and developmentally appropriate materials to provide each child with a variety of activities during the day, as specified in Section 2 of this administrative regulation.”

695 - Toilet (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (4) Each toilet shall: (a) Be kept in clean condition; (b) Be kept in good repair; (c) Be in a lighted room; and (d) Have ventilation to outside air.”

565 - Inaccessible Items (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (7) The following shall be inaccessible to a child in care: (a) Toxic cleaning supplies, poisons, and insecticides; (b) Matches, cigarettes, lighters, and flammable liquids; and (c) Personal belongings and medications of staff.”

455 - Program of Activities Followed (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (4) The child-care center shall provide a daily planned program: (a) Posted in writing in a conspicuous location with each age group and followed; (b) Of activities that are individualized and developmentally appropriate for each child served; (c) That provides experience to promote the individual child's physical, emotional, social, and intellectual growth and well-being; and (d) Unless the child-care center is a before- or after-school program that operates part day or less, that offers a variety of creative activities including: 1. Art or music; 2. Math or numbers; 3. Dramatic play; 4. Stories and books; 5. Science or nature; 6. Block building or stacking; 7. Tactile or sensory activity; 8. Multi-cultural exposure; 9. Indoor and outdoor play in which a child makes use of both small and large muscles; 10. A balance of active and quiet play, including group and individual activity; 11. An opportunity for a child to: a. Have some free choice of activities; b. If desired, play apart from the group at times;”

1040 - Refrigerator (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (4) A cold-storage facility used for storage of perishable food in a nonfrozen state shall: (a) Have an indicating thermometer or other appropriate temperature measuring device; (b) Be in a safe environment for preservation; and (c) Be forty (40) degrees Fahrenheit or below.”